KUWAIT CITY, Sept 22: Several citizens have complained about the practices of some debt collection companies and law firms contracted by telecommunication and electronic companies. In a growing phenomenon that is sparking societal and legal controversy, these companies call the relatives of debtors and reveal details of their debts. Citizens talked about practices they described as “provocative,” as some collection companies resorted to repeatedly calling the telephone numbers of relatives, neighbors and even coworkers to inform them of a client’s default. Although these companies have the registered telephone numbers of customers, they call others to pressure debtors psychologically and embarrass them in front of their social circles. These questions remain unanswered: Where do debt collection companies obtain the data of debtors’ relatives?

Is this done through employees who leak information from within the original companies or through databases circulating in the market? Reliable sources affirmed that some of these companies may have resorted to external intermediaries to collect data, raising concerns about the existence of a “black market for personal data” that requires urgent intervention from regulatory authorities. Legal experts described this move as a “serious violation of privacy” and a blatant violation of laws regulating the protection of personal data. Complaints received by the newspaper indicate that some citizens defaulted on paying for devices they purchased in installments, prompting collection companies to repeatedly pursue them by telephone. Despite having the telephone numbers of debtors registered in the purchase contracts, these companies contacted their family members and reveal to them the details of the debts and the amounts owed. Legal experts consider this a “violation of privacy” and data protection laws. Citizens expressed their astonishment at how these companies obtained their relatives’ telephone numbers, wondering whether this was a leak from within the original companies or through intermediaries collecting customer data illegally. They appealed to the Ministry of Commerce, Communication and Information Technology Regulatory Authority (CITRA), and Privacy Protection Authority to urgently intervene to put an end to these practices. One of the cases monitored by the newspaper is the divorce of a couple after a debt collection company contacted the husband to inform him that his wife owed money for a mobile phone line he had no knowledge of.

This led to a heated argument that ended in divorce, raising questions about the extent of the social damage resulting from such practices. Attorney Jarrah Mubarak Al-Wawan confirmed these practices fall under criminal and civil liability. He explained that disclosing a customer’s financial information to others is a violation of Article 21 of the CITRA Law, which obligates service providers to maintain the confidentiality of customer data and not to disclose it except through a judicial order or official permission from the Public Prosecution.

Al-Wawan pointed out that causing moral or material harm to a customer, whether by disclosing his debt or defaming him before others, could open the door to compensation claims in civil courts based on Article 227 of the Kuwaiti Civil Code, which permits claims for compensation for damages resulting from harmful acts. Attorney Abdul Mohsen Al-Qattan called on regulatory authorities and the Kuwaiti legislator to intervene and issue clear legislation requiring collection companies to use only legal means to collect payment for debts and prevent them from overstepping the bounds of privacy or contacting the relatives of debtors. He also stressed the need for the newly established Privacy Protection Authority to activate its oversight role and impose deterrent penalties on violating companies. Attorney Israa Al-Haddad explained that if it is proven that customers’ data are leaked or exploited without their permission, companies or their employees may face criminal penalties, including imprisonment and fine in accordance with Cybercrime Law No. 63/2015, particularly its provisions on hacking or disclosing confidential data.

Al-Haddad added that debt collection requires urgent legislative action to ensure it does not become a tool for social and psychological pressure on individuals and to protect the family from fragmentation due to illegal practices. She asserted that companies must also follow judicial and official channels to collect their rights. Moreover, if a violation is proven, companies may face the following penalties:

-  Imprisonment of up to three years and a fine of up to KD5,000 as per the Cybercrime Law.

- Obligation to pay civil compensation for psychological and social damages suffered by the debtor or his family.

- Administrative measures, such as revoking the license or suspending the company’s activities through a decision issued by the Ministry of Commerce or CITRA.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff